[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Rules and Regulations]
[Pages 1320-1322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00086]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0247; FRL-9940-87-Region 4]
Approval and Promulgation of Implementation Plans; Mississippi;
Memphis, TN-MS-AR Emissions Statements for the 2008 8-Hour Ozone
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the state implementation plan (SIP) revision
submitted by the State of Mississippi, through the Mississippi
Department of Environmental Quality (MDEQ) on August 28, 2015, to
address the emissions statement requirements for the State's portion of
the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-
hour ozone national ambient air quality standards (NAAQS) nonattainment
area (hereafter referred to as the ``Memphis, TN-MS-AR Area'' or
``Area''). Annual emissions reporting (i.e., emission statements) is
required for all ozone nonattainment areas. The Area is comprised of
Shelby County in Tennessee, Crittenden County in Arkansas, and a
portion of DeSoto County in Mississippi. In this action, EPA is taking
final action to approve the emissions statement requirements for DeSoto
County in Mississippi portion of the Area.
DATES: This final rule is effective February 11, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0247. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Ms. Bell can be reached at (404) 562-9088 and via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 28, 2015, MDEQ submitted a SIP revision to EPA that seeks
to add 11 Mississippi Administrative Code (MAC), Part 2, Chapter 11,
``Regulations for Ambient Air Quality Non-Attainment Areas,'' \1\ into
the Mississippi SIP to meet the emissions statements requirement of CAA
section 182(a)(3)(B).\2\ This chapter of the MAC contains Rule 11.1--
General, which states the purpose of the regulation; Rule 11.2--
Definitions, which defines Commission, Department, NAAQS, Nonattainment
Area, and Emissions Statement; and Rule--11.3 Emissions Statement,
which: (1) Applies to all stationary sources of NOX
[nitrogen oxides] or VOCs [volatile organic compounds] which have the
potential to emit 25 tons or more of either pollutant per calendar year
and are located in areas designated as nonattainment for the 2008 ozone
NAAQS; (2) requires owners and operators of those stationary sources of
NOX and VOC to provide a statement showing the actual
emissions of NOX and VOCs from that source; and (3) requires
that emissions statements be submitted to MDEQ by July 1 of every year,
showing actual emissions of the previous calendar year and containing a
certification that the information contained in the statement is
accurate to the best knowledge of the individual certifying the
statement. EPA has determined that these regulations meet all of the
requirements of the Clean Air Act (CAA or Act) section 182(a)(3)(B) for
the Mississippi portion of the Area because they cover the portion of
DeSoto County within the Area and satisfy the applicability,
certification, and other emissions statements criteria contained
therein.
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\1\ These regulations conform to the new nomenclature for
Mississippi's state regulations pursuant to the State's recently
amended Administrative Procedures Act. Mississippi has not provided
EPA with a SIP revision to renumber the state regulations currently
incorporated into the SIP.
\2\ Section 182(a)(3)(B) of the CAA requires each state with
ozone nonattainment areas to submit a SIP revision requiring annual
emissions statements to be submitted to the state by the owner or
operator of each NOX or VOC stationary source located
within a nonattainment area showing the actual emissions of
NOX and VOC from that source. The first statement is due
three years from the area's nonattainment designation, and
subsequent statements are due at least annually thereafter.
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In a notice of proposed rulemaking published on August 10, 2015,
EPA proposed to approve Mississippi's June 1, 2015, draft SIP revision
submitted for parallel processing that sought to add new Rules 11.1,
11.2, and 11.3 from Title 11 of the Mississippi Administrative Code,
Part 2, Chapter 11 into the SIP. See 80 FR 47883. The details of
Mississippi's submittal and the rationale for EPA's actions are
explained in the Proposed Rule. Comments on the proposed rulemaking
were due on or before September 9, 2015. No adverse comments were
received. On August 28, 2015, Mississippi submitted a final SIP
revision that did not contain any substantive changes from the draft
version submitted on June 1, 2015. EPA is now taking final action to
approve the
[[Page 1321]]
August 28, 2015 SIP revision as meeting the requirements of section
182(a)(3)(B) of the CAA.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporate by reference of Title 11 of
the MAC, Part 2, Chapter 11 entitled ``Regulations for Ambient Air
Quality Nonattainment Areas,'' which adds a new Rule 11.1--General that
states the purposes of the Chapter, a new Rule 11.2--Definitions, and a
new Rule 11.3--Emissions Statement covering applicability, which were
effective September 26, 2015. EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the Region 4 office (see the
ADDRESSES section of this preamble for more information).
III. Final Action
EPA is approving the SIP revision submitted by Mississippi on
August 28, 2015, to incorporate 11 MAC, Part 2, Chapter 11,
``Regulations for Ambient Air Quality Nonattainment Areas,'' into its
SIP to meet the section 182(a)(3)(B) emissions statements requirement
for the Mississippi portion of the Memphis, TN-MS-AR Area. EPA has
concluded that the State's submission meets the requirements of the
CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 14, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: December 21, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Z--Mississippi
0
2. Section 52.1270(c) is amended by adding undesignated heading ``11-
MAC-Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas''
and entries ``Rule 11.1'', ``Rule 11.2'', and ``Rule 11.3'' at the end
of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) * * *
[[Page 1322]]
EPA-Approved Mississippi Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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11-MAC-Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas
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Rule 11.1...................... General................ 9/26/2015 1/12/2016 [Insert ...................
citation of
publication].
Rule 11.2...................... Definitions............ 9/26/2015 1/12/2016 Insert ...................
citation of
publication].
Rule 11.3...................... Emissions Statement.... 9/26/2015 1/12/2016 [Insert ...................
citation of
publication].
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[FR Doc. 2016-00086 Filed 1-11-16; 8:45 am]
BILLING CODE 6560-50-P